SITA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This jail appeal has been directed against the judgment and order dated 31.7.2013 passed by the learned Sessions Judge, Varanasi in S.T. No. 720 of 2010 (State v. Sita Devi ) arising out of Crime No. 230 of 2010 under Sections 302, 201 and 504 I.P.C., Police Station Maduadih, district Varanasi whereby the learned Sessions Judge has convicted the accused-appellant Sita Devi under Sections 302 and 201 I.P.C. and has sentenced her with life imprisonment and fine of Rs. 10,000/- under Section 302 I.P.C. and 3 years R.I. with fine of Rs. 2000/- under Section 201 I.P.C.

(2.) Heard Sri Ashok Kumar Yadav, learned Amicus Curiae for the appellant and learned A.G.A. for the State. Perused the record.

(3.) The prosecution story, in brief, is that a first information report, scribed by one Surendra Singh Yadav, was lodged by the informant Smt. Phullan Devi at P.S. Maduadih mentioning therein that she is resident of village Nathupur, P.S. Manduadih, district Varanasi. On 3.10.2010 at about 5.00 P.M. in the evening her 2 years old son Akash had eased himself and she had gone to throw the latrine on the railway line. When she returned she did not find her child. She searched for him and called for help. It is further mentioned in the F.I.R. that in the morning on the same day the accused-appellant Sita Devi, who is her Nanad, had quarrelled with her and she had threatened her that she would throw away her child into the well and she would not be able to see his face again and she (Sita Devi) did accordingly by throwing away the child into the well. The child was taken out from the well with the help of villagers who rushed to Kabir Chaura Hospital, Varanasi with him where the doctors declared him dead. In the F.I.R. prayer was made by the first informant to take legal action against accused Sita Devi.